Criminal court process in United Kingdom - Essay Example

Criminal court process in United Kingdom Introduction As per section 5 of Misuse of Drugs Act 1971, it is unlawful for any person to have possession of any controlled drug such as cannabis and Cocaine (Legislation.gov.uk, n.db). Under the same Act, the police are empowered under section 23 to carry on any searches in a bid to unveil the possession of any controlled drug and any person that tries to hinder them from effecting this becomes liable under the Act (Legislation.gov.uk, n.db). The UK criminal judicial procedures usually begin with an arrest and it may stop at any stage before sentencing of the accused is found innocent before a court of law. The length and the procedures involved will mainly rely on the facts and circumstances that accompany a particular case. Arrest The first step is usually a stop or arrest. Arrest has been critically defined in the case of Christie v. Leachinsky. The police may carry on searches with or even without warrants in various exempted cases (legislation.gov.uk, n.da). The police may your house even without your consent and if it is determined that there was probable cause, he may arrest you (legislation.gov.uk, n.da). Once arrested, an individual is usually taken into police custody. In the case of R v. Inwood, it was articulated that there is no any known style of arresting anyone but it is enough to demonstrate that one doing it had power, and that it was effectively carried out. Once you are placed under arrest, it is important to be aware of all the rights you posses at that state. In addition, the police must have an arrest warrant, in order for them to do it. However, there are exceptions when they may effect an arrest an arrest without warrant for; A person effecting an offence Anyone about to effect an offence Any person that they have belief is almost committing an unlawful act; or Any person they have sufficient belief that they are committing an offence The arrested person has various rights that the police must observe during the arrest. These rights include; Be informed reasons behind their arrest, this was articulated in the case of Taylor v. Chief Constable of Thame Valley Police. The explanation must be conveyed clearly and in a language that the arrested person comprehends. Remain silent since any incriminatory statements may be used to their detriment to obtain the advice and assistance of a counsel Role and Responsibility of the Police The mission statement of the police in the UK states that it is the main objective of an efficient police is to prevent crime, detect, and punish unlawful individuals. The police in the UK use a modern policing tool where they choose to working in conjunction with the community in deterring crime and ensuring order. Other Duties and powers of the police include Protection of property Ensuring the tranquillity in the community Ensuring minimal or no crime. They have powers to arrest and conduct searches Powers to Investigation of a crime Making known to an arrested person of their rights Collecting finger-prints of the suspect Collect any evidence (Legislation.gov.uk, n.da) Detain arrested suspects Remand/Detention The process of placing the arrested person at the custody is what is known as detention. Such detention must be for 24 hours. There ought to be review of such detention after the elapse of 6 hours and then subsequently after each 9 hours elapse. Failure to conduct such reviews renders a previously lawful arrest to be unlawful. This affirmation was reinforced in the case of Roberts V Chief Constable of Cheshire constabulary (Hungerford et al, 2014). The custody police should: Book in the suspect in custody Make them aware of their rights Establish whether the arrested person is in need for any medical attention Be responsible for maintaining custody record Drafting charge After being arrested, you are charged with a crime hence you will be booked for appearance in a court of law. The charge sheet will contain the offence that one is charged with. I f the charge has different counts; this will also be reflected therein. Being booked in usually involves being photographed, fingerprints taken, and disclosure of personal information. The officials will then add your name and the crime committed into the official police record. Personal belongings will be taken from you and kept safely until you come out of custody. You will be asked to sign an inventory after this. Court/ Trial Largest percentages of criminal cases get adjudicated in the magistrate’s court. A children’s court exists as a type of a magistrate’s court (Banks, 2013.p7.). In the magistrate courts, there are exists three magistrates although at times the case is adjudicated by a single magistrate (Criminal Prosecution Service). Then there are crown courts that adjudicate fewer cases and the cases referred to this court involve; Serious offence Instances where the accused has intimated that their case be adjudicated by that court Cases referred by magistrates because of the gravity of their sentence, which cannot be passed in the lower court. The other set of courts involve the Court of appeal that may adjudicate appeals emanating from the crown’s court. The other set of court is the House of Lords. Judges in these courts have to ensure that they take up their tasks expeditiously to ensure that they bestow justice to every person. Judges listen to cases that lie before them and then interpret the law to fit the context of the particular case at hand. As a matter of procedure, every accused person should actually entail legal representation to ensure that they clinch a fair hearing. This is owing to the fact that barristers have a wide expertise in legal matters and can thus ascertain that they acquire the best hearing for an accused person. Role of courts The Criminal Procedure Rules (2013) for the UK, in part 1, states the overriding object is that the courts must act fairly through; Fair case adjudication acquitting innocent ones convicting the ones that are guilty Upholding the defendant’s rights Taking note of wishes of parties whether witnesses or the victims themselves Expeditious case determination In the landmark of R v Chorley Justices, it was adjudicated that fairness should be at the heart of courts and that their actions should be purely geared towards achievement of this. There should be fairness regardless of gender and diversity, especially to marginalized segments like the children, disabled and even women (Barberet, 2014). As for children, it is mandatory that they should be taken through a voir dire test. This is the process whereby the child’s maturity is unveiled so as to establish that they comprehend the offence charged as well as the obligation to speak the palatable truth. Plea taking The first step involves the court clerk reading out the charge for the accused and this must be done in a language that they comprehend. Then one will then be asked to enter a plea. You plead not guilty, guilty, or no-contest. If you plead not guilty, the judge will then decide on whether you will be released before trial or on the terms of your release. If you plead no contest or not guilty, there will be no trial hence you will be sentenced immediately or later. If you are to be sentenced later, the judge will therefore decide whether you will wait for sentencing under custody or whether you should be released only to appear for sentencing later. If one, plead not guilty, they may get a date at which to have their first hearing or that can follow suit immediately. How most matters will be handled from here will depend on the charge and circumstances of the case. You may have to pay a certain amount of bail in order to acquire release. If bail is required, the court will set the amount, based on a number of factors, including: The severity of the crime The likelihood the defendant will flee Any prior criminal record Hearing The hearing takes root in an open court and the judge records what the suspect and the witnesses say. During trial, the prosecution will have to prove that you are guilty beyond any reasonable doubt. You will have the right to confront any witnesses brought forward. The court usually holds hearings in pre-trials in order to determine admissibility of evidence. As the trial progresses, the judge will state instructions regarding the laws before the jury and will make decisions involving any legal issues involved. The hearing is divided into the prosecution’s case and next is usually the defence case. Prosecution’s Case Examination in Chief The prosecution is the one that conducts the examination in chief and during this stage, leading questions are not supposed to be posed. The name, occupation, age, residence and other particulars are ascertained during this stage. One is also not authorised to question the accused on their previous criminal records. The prosecution is required to carefully illicit the story. Cross examination The next stage is carried out by the defence counsels who have to re-confirm what was stated in examination in chief. At this stage, any questions may be asked. However, one is not supposed to drag in new questions that were not pin-pointed in the first stage. Re- examination At this stage, any questions may be asked even those touching upon the previous criminal record. This is usually carried out yet again by the prosecution to shed light yet again upon the answers offered by the suspect as well as the witnesses. Corroboration Evidence tendered by an accused person or even the witnesses ought to be corroborated. Corroboration helps in ascertain that there are no loopholes and that evidence so tendered is credible. Defence Case After the prosecution’s case the next stage is the defence case, and this is also done in three stages. The accused person is asked whether they will provide their testimony as whether sworn or unsworn, if they prefer to give unsworn defence, then the prosecution will have no reply right. The accused’ defence is followed by that of witnesses who come after to narrate what they perceive of the case. Role of Prosecution (Crown Prosecution Service) The role of prosecution rests upon prosecutors. In UK, this is under Crown Prosecution Service which is an agency that handles the prosecution of all criminal matters. The service has its head as the Director of Public Prosecution and the AG stands as their overseer. Role of Youth Justice Board This agency is concerned with overseeing that there is justice reached for the youth offenders. For instance, They offer homes as well as their detention; render the secretary to state with direction on matters youth They give grants to ensure that the youth services are well run especially by the local governments They also report and research on issues pertaining youths Deter Crime Judgement and Conviction The judge or jury present then goes ahead, analyses evidence tendered and then decides on whether they find the accused person guilty or not. Once, this is done, they then proceed and explain that the accused is convicted. If there is enough proof to compel their conviction, then the judge convicts them accordingly. Sentencing Sentencing is done by the judge or jury respectfully (Hale, Hayward, Wahidin, & Wincup, 2013. The judge may request for pre sentence reports from probation officers so that it enables them know more about the social history of the convicted individual as well as legitimate explanations to your behavior as well as any information about previous criminal activity (Gov.uk, n.db). You will have the right to present your testimony at the trials sentencing stage. The sentencing must be done in the presence of the accused and their counsel. There must also be mitigation, which helps the judge review the gravity of the offence. Sentencing Council The agency’s core role encompasses stipulating procedures on proper sentencing as well as assuming advisory task to all policy drafters with regards to sentencing (Sentencing Council, n.d). Youth Justice Board Sentencing Council This agency looks into the most reformative and cost effective ways to have youths sentenced fairly (Gov.uk, n.da). National Offender Management Service (NOMS) In the UK, National Offender Management Service (NOMS) is an agency that assumes the responsibility of informing the victim of the progress of sentencing, for instance the prison that they have been shifted into and their date of release. They have to keep in contact about such prisoner, if the accused is violent or a sexual assaulter. Sentencing takes various forms and this could include; Imprisonment Fine Probation Community Servicing Suspended sentence Role of prison’s service If someone is imprisoned, they are sent to jail to serve their terms and their length of service depends on the gravity of the offence and on whether they are first or repeatal offenders. Prisons have the duty to take charge of the offender and ensure that their conditions are properly managed. They should also offer them with the most descent handling of human beings (Canton, 2013, p.7). Role of Parole Board Parole Board in the UK is tasked with researching on the effect of release of the accused person to the society before doing it. This is because some of the offenders tend to be lethal to the peaceful coexistence of a society or the victim. Role of National Probation Service Rehabilitation is one key way that can help minimize if not deter crime (Davies, Croall, & Tyrer, 2010). It is for this reason that The National Probation Service in UK is geared towards a transformed rehabilitation mechanism for the offenders to reduce upon costs that come with prosecuting matters committed by re-offenders. Appeal and Review You will have the right of appeal if you feel that some procedures were unfair. Appeals are done to the crown court if the case emanates from the magistrates court and if they emanate from the crown court they may have their appeal in the Courts of appeal. In instance when there is rejection of these appeals, then the offender gets the permit to have their case referred to House of Lords. Role of the Criminal Cases Review Commission It is tasked with rechecking matters that have undergone through appeal but justice has not yet been accorded. For instance, this may be so when there has been an unveiling of fresh evidence that was not presented at the commencement of the trial. Conclusion As afore-stated, it is clear that the criminal justice system in the UK commences when one gets arrested. There are various steps that must be adjudicated upon to accomplish the criminal justice exercise such as arrest, detention, trial, conviction, sentencing, and even appeal. There are also various persons and agencies that must undertake various tasks and there are tasks are so interwoven to each other such that none can exist in isolation. The courts cannot do without the police, the courts cannot function without the prosecution and the Barristers and judges and there cannot be proper sentencing without the responsible agency in place. References Banks, C. 2013.Youth, crime and justice. London: Routledge. Barberet, R. 2014. Women, crime and criminal justice a global enquiry. Oxon: Routledge. Canton, R. 2013. Probation, working with offenders. Oxon: Routledge Crown prosecution service. n.d. Criminal Procedure Rules. [Online] Available at: [Accessed 30Th April 2015] Davies, M., Croall, H., & Tyrer, J. (2010). Criminal justice. New York, Pearson Longman. Gov.Uk. 2015. Reoffending and rehabilitation. [Online] Available at: [Accessed 30Th April 2015] Gov.uk. n.d. Youth Justice Board Sentencing Council (2012). [Online] Available at: [Accessed 30Th April 2015] Hale, C., Hayward, K., Wahidin, A., & Wincup, E. (2013). Criminology. Oxford University Press: Oxford. Hungerford-Welch, P., Robert M., Simone S., & Nikki., W. Criminal Litigation and Sentencing .The City Law School, Oxford University Press, 14 Aug 2014 Legislation.gov.uk. n.da. Police and Criminal Evidence Act 1984. [Online] Available at: [Accessed 30Th April 2015] Legislation.gov.uk. n.db. Misuse of Drugs Act 1971. [Online] Available at: [Accessed 30Th April 2015] Sentencing Council. n.d. Sentencing guidelines. [Online] Available at: [Accessed 30Th April 2015] Read More